Nhung Nguyen

Warshaw’s book Chapter 9 examines (1) two cases of women who reported rape and how they experience different reactions from the police and the courts, (2) the barriers of making rape cases in the criminal courts, and difficulties in Proving acquainted rapes (3) the alternative way of justice by civil courts and University Judicial Boards.

Barriers make victims hesitant to report acquainted rape cases: Reading Maggie and Holly’s cases of rape, reporting rape, and their prosecuting process; it makes more sense to understand why rape and acquainted rape victims do not want to report or hesitate to report the incident. Even with a history of violence against women, the police were happy to finally catch the perpetrator- Bruce. The district attorney was blaming the victim here and Bruce was not pledged guilty. Maggies had even to leave the town to regain her life back far away from what happened. Holly was a bit luckier when Ted- the penetrator was charged. However, she report her case, only after another woman was attacked by the same perpetrator. This is caused by the difficulties of proving guilty in court regarding rape cases.

Difficulties in Proving acquainted rapes: First, in order to have “good” cases of rape in courts, there is the need for evidence that “fits” some definition, which varied from state to state. Second, the incidents were happening somehow with a victim’s mistakes (leaving the door opened and agreeing to go to the perpetrator’s trailer). Moreover, the decision of “found” or “unfound” guilty often has nothing to do with the fact that “women have been forced to have sex” but the fact that “the gatekeepers […] the circumstance of her rape sufficiently like a “good” case to be believed.” The chapter also pointed out four factors that often occurred in the cases that rape “unfound” in courts. So, compare to the “good case” of rape, which has been prototyped in the gatekeeper’s mindset, the majority of acquainted rape cases are very difficult to prove.

Alternative solution: The chapter also provides different approaches in trying to gain justice for rape and acquainted rape women/victims. First, civil courts are alternative for such cases, because in civil courts the burden of proof required is somewhat less. However, the cases take a longer time to come to trial. Some other women choose also to sue third parties such as companies, universities, or fraternities for letting such cases happen. University Judicial Boards are also another alternative option. However, it is interesting that most of the time, the boards ignore to hear the cases or blame the raped victims more seriously.

         Throughout out the chapter, the culture of victim-blaming is the most common core issue in reporting, trialing, and judging rape and acquainted rape cases. From a single woman living in Alaska to a sophomore studying in Syracuse, all of them were blamed at first for being harmed by the men they know and for certain mistakes that are not even prominent in the cases. This victim-blaming culture makes it hard to bring perpetrators to justice and repress the victims’ lives most of the time. Moreover, a “prototype” of a good court case is the common mindset that makes the police, the judge, and the jury ignore the facts that (1) women were forced to have sex with her will whatsoever, (2) the consequences of rape on their physical, mental, and everyday well-being is significantly damaged, (3) the culture of violence against women will never be re-evaluated and eliminated.

Reference

Warshaw, Robin (Author), Steinem, Gloria (Preface), & Tillet, Salamishah (Foreword). (2019, February 26). I Never Called It Rape – Updated Edition: The Ms. Report on Recognizing, Fighting, and Surviving Date and Acquaintance Rape. New York: Harper Perennial. ISBN-10: 006284430X